ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022141
Parties:
| Complainant | Respondent |
Anonymised Parties | A Teacher/Course Manager | A Language College |
Representatives | Ms Natasha Hinwood | Alastair Purdy and Co Solicitors |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00028925-001 | 09/06/2019 |
Date of Adjudication Hearing: 19/09/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant was employed by the respondent from June 2000 until August 2018. Initially the complainant’s employment was for approximately 10 weeks each year (Summer work). The complainant was employed for an increasing number of months each year and was employed for between six and seven months each year for the last six years of his employment. The complainant was informed by the respondent that his employment would end on 30th August 2018. The complaint was submitted to the Workplace Relations Commission (WRC) on 9th June 2019 and relates to Redundancy entitlements. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing. The complainant’s representative attended on his behalf and furnished documents in relation to the complainant’s employment history with the respondent. |
Summary of Respondent’s Case:
The respondent contends that as the complainant did not attend the adjudication hearing, his complaint should be dismissed. |
Findings and Conclusions:
The complainant was not in attendance to advance his complaint in relation to his redundancy entitlements. While the complainant’s representative provided documentation in relation to the complainant’s hours of work and level of earnings, I find that in order to succeed in a complaint before the WRC, a complainant must be in attendance at the adjudication hearing. Accordingly, I conclude that the complaint cannot succeed. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the complainant’s non-attendance at the adjudication hearing, I find that the complaint is not well founded. |
Dated: 5th February 2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Redundancy entitlements, Complainant not in attendance |